1157.08 PROCEDURES FOR VARIANCES AND APPEALS.
   (a)   Any applicant seeking a variance from the conditions imposed under this regulation or an appeal of an administrative decision made under this regulation, other than a decision by the Planning Commission, may apply to or appeal to the Planning Commission. The following procedures shall apply:
      (1)   When filing an appeal from an administrative decision or an application for a variance, the applicant shall file a notice of appeal or request for variance specifying the grounds therefor with the Planning, Zoning and Building Director within 30 days of the administrative official's decision. Upon determining that the application is complete and upon receipt of the required fee of one hundred dollars ($100.00) plus a deposit of one hundred dollars ($100.00) towards mailing costs, the Director of Planning, Zoning and Building shall transmit to the Planning Commission the application and a transcript or other documents that constitute the record from which the administrative decision subject to appeal was based.
      (2)   The applicant shall pay all mailing costs.
      (3)   Applications for appeals or variances made under this regulation shall be made on a form supplied by the Planning, Zoning and building Division, and may contain the following information:
         A.   The name, address, and telephone number of the applicant and relationship to the property owner.
         B.   Proof of ownership or authorization to represent the property owner.
         C.   The location of the property, including street address and permanent parcel number.
         D.   The current zoning of the property.
         E.   A description of the project for which the appeal or variance is sought.
         F.   A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought.
         G.   Applications for variances or appeals of administrative decisions shall not be resubmitted to the Planning Commission within one (1) year of the date of a final decision by the Planning Commission on the original application, unless the applicant shows the Planning Commission either of the following:
            1.   Newly discovered evidence that could not have been presented with the original submission, or
            2.   Evidence of a change in circumstances since the time of the original submission.
 
   (b)    A decision by the Planning Commission in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this regulation shall be final.
   (c)   Any variance granted under this Chapter 1157 shall only be valid for twelve (12) months from the date of such grant unless a building permit or zoning approval is obtained within such period, and unless the erection or alteration of a building is started or the use is commenced within such period in compliance with the approvals and permits. When a variance has been stated as a condition of approval of a site plan, the granting of the variance shall be contingent on conformance with the site plan.
(Ord. 2013-130. Passed 1-27-14.)